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Patna High CourtCR. MISC./26018/2026allowed

Manoj Kumar v. The State Of Bihar

2026-04-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26018 of 2026 Arising Out of PS. Case No.-348 Year-2025 Thana- SALIMPUR District- Patna ====================================================== Manoj Kumar S/O Lal Bahadur Rai R/O Vill-Imbrahimabad, P.SFatehpur(Raghopur), Distt-Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 180 ml illicit liquor was recovered from apprehended co-accused Mithlesh Rai. Motorcycle of the petitioner was also recovered from the place of occurrence.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case being the owner of the seized motorcycle. Further submission is that at the relevant time, the vehicle of the petitioner was taken by his relative for some medical emergency. Petitioner was not present on the spot and nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.26018 of 2026(2) dt.22-04-2026 2/2 of the petitioner. The recovery of liquor was not made from the motorcycle of the petitioner rather the same was recovered from the possession of the apprehended co-accused. Petitioner has got no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, submissions of learned counsel for the parties, nature of allegation and fair criminal antecedent of the petitioner, let the above named petitioner be released on bail, in the event of arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Barh, Patna in connection with Salimpur P.S. Case No. 348 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T